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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4243 Reported in House (RH)]

<DOC>

                                                 Union Calendar No. 867
115th CONGRESS
  2d Session
                                H. R. 4243

                     [Report No. 115-1036, Part I]

  To establish a commission for the purpose of making recommendations 
    regarding the modernization or realignment of facilities of the 
Veterans Health Administration, to improve construction and management 
leases of the Department of Veterans Affairs, to amend and appropriate 
     funds for the Veterans Choice Program, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            November 3, 2017

  Mr. Roe of Tennessee (for himself, Mr. Coffman, Mr. Wenstrup, Mrs. 
 Radewagen, Mr. Bost, Mr. Poliquin, Mr. Arrington, Mr. Rutherford, Mr. 
Higgins of Louisiana, Mr. Bergman, Mr. Banks of Indiana, Miss Gonzalez-
  Colon of Puerto Rico, and Mr. Dunn) introduced the following bill; 
   which was referred to the Committee on Veterans' Affairs, and in 
addition to the Committees on Rules and Appropriations, for a period to 
      be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

                           November 16, 2018

   Reported from the Committee on Veterans' Affairs with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                           November 16, 2018

 Referral to the Committees on Rules and Appropriations extended for a 
             period ending not later than December 28, 2018
    [For text of introduced bill, see copy of bill as introduced on 
                           November 3, 2017]

                           December 28, 2018

   Additional sponsors: Mr. Bilirakis, Mr. Sessions, and Mr. Francis 
                           Rooney of Florida

                           December 28, 2018

  Committees on Rules and Appropriations discharged; committed to the 
 Committee of the Whole House on the State of the Union and ordered to 
                               be printed

_______________________________________________________________________

                                 A BILL

 
  To establish a commission for the purpose of making recommendations 
    regarding the modernization or realignment of facilities of the 
Veterans Health Administration, to improve construction and management 
leases of the Department of Veterans Affairs, to amend and appropriate 
     funds for the Veterans Choice Program, and for other purposes.

 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Table of contents.

                TITLE I--ASSET AND INFRASTRUCTURE REVIEW

Sec. 101. Short title.
Sec. 102. The Commission.
Sec. 103. Procedure for making recommendations.
Sec. 104. Actions regarding infrastructure and facilities of the 
                            Veterans Health Administration.
Sec. 105. Implementation.
Sec. 106. Department of Veterans Affairs Asset and Infrastructure 
                            Review Account.
Sec. 107. Congressional consideration of Commission report.
Sec. 108. Other matters.
Sec. 109. Definitions.

      TITLE II--IMPROVEMENTS TO CONSTRUCTION MANAGEMENT AND LEASES

Sec. 201. Modification of thresholds for major medical facility 
                            projects and major medical facility leases.
Sec. 202. Submission of prospectuses of proposed minor medical facility 
                            projects.
Sec. 203. Improvement to training of construction personnel.
Sec. 204. Authority to plan, design, construct, or lease shared medical 
                            facilities.
Sec. 205. Enhanced use lease authority.

                        TITLE III--OTHER MATTERS

Sec. 301. Exception on limitation on awards and bonuses for 
                            recruitment, relocation, and retention.
Sec. 302. Appropriation of amounts.
Sec. 303. Assessment of health care furnished by the Department to 
                            veterans who live in the territories.

                TITLE I--ASSET AND INFRASTRUCTURE REVIEW

SEC. 101. SHORT TITLE.

    This title may be cited as the ``VA Asset and Infrastructure Review 
Act of 2017''.

SEC. 102. THE COMMISSION.

    (a) Establishment.--There is established an independent commission 
to be known as the ``Asset and Infrastructure Review Commission'' (in 
this title referred to as the ``Commission'').
    (b) Duties.--The Commission shall carry out the duties specified 
for it in this title.
    (c) Appointment.--
            (1) In general.--
                    (A) Appointment.--The Commission shall be composed 
                of 9 members appointed by the President, by and with 
                the advice and consent of the Senate.
                    (B) Transmission of nominations.--The President 
                shall transmit to the Senate the nominations for 
                appointment to the Commission not later than May 31, 
                2021.
            (2) Consultation in selection process.--In selecting 
        individuals for nominations for appointments to the Commission, 
        the President shall consult with--
                    (A) the Speaker of the House of Representatives;
                    (B) the majority leader of the Senate;
                    (C) the minority leader of the House of 
                Representatives;
                    (D) the minority leader of the Senate; and
                    (E) congressionally chartered, membership based 
                veterans service organizations concerning the 
                appointment of three members.
            (3) Designation of chair.--At the time the President 
        nominates individuals for appointment to the Commission under 
        paragraph (1)(B), the President shall designate one such 
        individual who shall serve as Chair of the Commission and one 
        such individual who shall serve as Vice Chair of the 
        Commission.
            (4) Member representation.--In nominating individuals under 
        this subsection, the President shall ensure that--
                    (A) veterans, reflecting current demographics of 
                veterans enrolled in the system of annual patient 
                enrollment under section 1705 of title 38, United 
                States Code, are adequately represented in the 
                membership of the Commission;
                    (B) at least one member of the Commission has 
                experience working for a private integrated health care 
                system that has annual gross revenues of more than 
                $50,000,000;
                    (C) at least one member has experience as a senior 
                manager for an entity specified in clause (ii), (iii), 
                or (iv) of section 101(a)(1)(B) of the Veterans Access, 
                Choice, and Accountability Act of 2014 (Public Law 113-
                146; 38 U.S.C. 1701 note);
                    (D) at least one member--
                            (i) has experience with capital asset 
                        management for the Federal Government; and
                            (ii) is familiar with trades related to 
                        building and real property, including 
                        construction, engineering, architecture, 
                        leasing, and strategic partnerships; and
                    (E) at least three members represent 
                congressionally chartered, membership-based, veterans 
                service organizations.
    (d) Meetings.--
            (1) In general.--The Commission shall meet only during 
        calendar years 2022 and 2023.
            (2) Public nature of meetings and proceedings.--
                    (A) Public meetings.--Each meeting of the 
                Commission shall be open to the public.
                    (B) Open participation.--All the proceedings, 
                information, and deliberations of the Commission shall 
                be available for review by the public.
    (e) Vacancies.--A vacancy in the Commission shall be filled in the 
same manner as the original appointment, but the individual appointed 
to fill the vacancy shall serve only for the unexpired portion of the 
term for which the individual's predecessor was appointed.
    (f) Pay.--
            (1) In general.--Members of the Commission shall serve 
        without pay.
            (2) Officers or employees of the united states.--Each 
        member of the Commission who is an officer or employee of the 
        United States shall serve without compensation in addition to 
        that received for service as an officer or employee of the 
        United States.
            (3) Travel expenses.--Members shall receive travel 
        expenses, including per diem in lieu of subsistence, in 
        accordance with sections 5702 and 5703 of title 5, United 
        States Code.
    (g) Director of Staff.--
            (1) Appointment.--The Commission shall appoint a Director 
        who--
                    (A) has not served as an employee of the Department 
                of Veterans Affairs during the one-year period 
                preceding the date of such appointment; and
                    (B) is not otherwise barred or prohibited from 
                serving as Director under Federal ethics laws and 
                regulations, by reason of post-employment conflict of 
                interest.
            (2) Rate of pay.--The Director shall be paid at the rate of 
        basic pay payable for level IV of the Executive Schedule under 
        section 5315 of title 5, United States Code.
    (h) Staff.--
            (1) Pay of personnel.--Subject to paragraphs (2) and (3), 
        the Director, with the approval of the Commission, may appoint 
        and fix the pay of additional personnel.
            (2) Exemption from certain requirements.--The Director may 
        make such appointments without regard to the provisions of 
        title 5, United States Code, governing appointments in the 
        competitive service, and any personnel so appointed may be paid 
        without regard to the provisions of chapter 51 and subchapter 
        III of chapter 53 of that title relating to classification and 
        General Schedule pay rates, except that an individual so 
        appointed may not receive pay in excess of the annual rate of 
        basic pay payable for GS-15 of the General Schedule.
            (3) Detailees.--
                    (A) Limitation on number.--Not more than two-thirds 
                of the personnel employed by or detailed to the 
                Commission may be on detail from the Department of 
                Veterans Affairs.
                    (B) Professional analysts.--Not more than half of 
                the professional analysts of the Commission staff may 
                be persons detailed from the Department of Veterans 
                Affairs to the Commission.
                    (C) Prohibition on detail of certain personnel.--A 
                person may not be detailed from the Department of 
                Veterans Affairs to the Commission if, within 6 months 
                before the detail is to begin, that person participated 
                personally and substantially in any matter within the 
                Department of Veterans Affairs concerning the 
                preparation of recommendations regarding facilities of 
                the Veterans Health Administration.
            (4) Authority to request detailed personnel.--Subject to 
        paragraph (3), the head of any Federal department or agency, 
        upon the request of the Director, may detail any of the 
        personnel of that department or agency to the Commission to 
        assist the Commission in carrying out its duties under this 
        title.
            (5) Information from federal agencies.--The Commission may 
        secure directly from any Federal agency such information the 
        Commission considers necessary to carry out this title. Upon 
        request of the Chair, the head of such agency shall furnish 
        such information to the Commission.
    (i) Other Authority.--
            (1) Temporary and intermittent services.--The Commission 
        may procure by contract, to the extent funds are available, the 
        temporary or intermittent services of experts or consultants 
        pursuant to section 3109 of title 5, United States Code.
            (2) Leasing and acquisition of property.--To the extent 
        funds are available, the Commission may lease real property and 
        acquire personal property either of its own accord or in 
        consultation with the General Services Administration.
    (j) Termination.--The Commission shall terminate on December 31, 
2023.
    (k) Prohibition Against Restricting Communications.--
            (1) In general.--Except as provided in paragraph (2), no 
        person may restrict an employee of the Department of Veterans 
        Affairs in communicating with the Commission.
            (2) Unlawful communications.--Paragraph (1) does not apply 
        to a communication that is unlawful.

SEC. 103. PROCEDURE FOR MAKING RECOMMENDATIONS.

    (a) Selection Criteria.--
            (1) Publication.--The Secretary shall, not later than 
        February 1, 2021, and after consulting with veterans service 
        organizations, publish in the Federal Register and transmit to 
        the Committees on Veterans' Affairs of the Senate and the House 
        of Representatives the criteria proposed to be used by the 
        Department of Veterans Affairs in assessing and making 
        recommendations regarding the modernization or realignment of 
        facilities of the Veterans Health Administration under this 
        title. Such criteria shall include the preferences of veterans 
        regarding health care furnished by the Department.
            (2) Public comment.--The Secretary shall provide an 
        opportunity for public comment on the proposed criteria under 
        paragraph (1) for a period of at least 90 days and shall 
        include notice of that opportunity in the publication required 
        under such paragraph.
            (3) Publication of final criteria.--The Secretary shall, 
        not later than May 31, 2021, publish in the Federal Register 
        and transmit to the Committees on Veterans' Affairs of the 
        Senate and the House of Representatives the final criteria to 
        be used in making recommendations regarding the closure, 
        modernization, or realignment of facilities of the Veterans 
        Health Administration under this title.
    (b) Recommendations of the Secretary.--
            (1) Publication in federal register.--The Secretary shall, 
        not later than January 31, 2022, and after consulting with 
        veterans service organizations, publish in the Federal Register 
        and transmit to the Committees on Veterans' Affairs of the 
        Senate and the House of Representatives and to the Commission a 
        report detailing the recommendations regarding the 
        modernization or realignment of facilities of the Veterans 
        Health Administration on the basis of the final criteria 
        referred to in subsection (a)(2) that are applicable.
            (2) Factors for consideration.--In making recommendations 
        under this subsection, the Secretary shall consider each of the 
        following factors:
                    (A) The degree to which any health care delivery or 
                other site for providing services to veterans reflect 
                the metrics of the Department of Veterans Affairs 
                regarding market area health system planning.
                    (B) The provision of effective and efficient access 
                to high-quality health care and services for veterans.
                    (C) The extent to which the real property that no 
                longer meets the needs of the Federal Government could 
                be reconfigured, repurposed, consolidated, realigned, 
                exchanged, outleased, repurposed, replaced, sold, or 
                disposed.
                    (D) The need of the Veterans Health Administration 
                to acquire infrastructure or facilities that will be 
                used for the provision of health care and services to 
                veterans.
                    (E) The extent to which the operating and 
                maintenance costs are reduced through consolidating, 
                colocating, and reconfiguring space, and through 
                realizing other operational efficiencies.
                    (F) The extent and timing of potential costs and 
                savings, including the number of years such costs or 
                savings will be incurred, beginning with the date of 
                completion of the proposed recommendation.
                    (G) The extent to which the real property aligns 
                with the mission of the Department of Veterans Affairs.
                    (H) The extent to which any action would impact 
                other missions of the Department (including education, 
                research, or emergency preparedness).
                    (I) Local stakeholder inputs and any factors 
                identified through public field hearings.
                    (J) The assessments under paragraph (3).
                    (K) Any other such factors the Secretary determines 
                appropriate.
            (3) Capacity and commercial market assessments.--
                    (A) Assessments.--The Secretary shall assess the 
                capacity of each Veterans Integrated Service Network 
                and medical facility of the Department to furnish 
                hospital care or medical services to veterans under 
                chapter 17 of title 38, United States Code. Each such 
                assessment shall--
                            (i) identify gaps in furnishing such care 
                        or services at such Veterans Integrated Service 
                        Network or medical facility;
                            (ii) identify how such gaps can be filled 
                        by--
                                    (I) entering into contracts or 
                                agreements with network providers under 
                                this section or with entities under 
                                other provisions of law;
                                    (II) making changes in the way such 
                                care and services are furnished at such 
                                Veterans Integrated Service Network or 
                                medical facility, including--
                                            (aa) extending hours of 
                                        operation;
                                            (bb) adding personnel; or
                                            (cc) expanding space 
                                        through the construction, 
                                        leasing, or sharing of health 
                                        care facilities;
                                    (III) the building or realignment 
                                of Department resources or personnel;
                            (iii) forecast, based on future projections 
                        and historical trends, both the short- and 
                        long-term demand in furnishing care or services 
                        at such Veterans Integrated Service Network or 
                        medical facility and assess how such demand 
                        affects the needs to use such network 
                        providers;
                            (iv) include a commercial health care 
                        market assessment of designated catchment areas 
                        in the United States conducted by a non-
                        governmental entity; and
                            (v) consider the unique ability of the 
                        Federal Government to retain a presence in an 
                        area otherwise devoid of commercial health care 
                        providers or from which such providers are at 
                        risk of leaving.
                    (B) Consultation.--In carrying out the assessments 
                under subparagraph (A), the Secretary shall consult 
                with veterans service organizations and veterans served 
                by each such Veterans Integrated Service Network and 
                medical facility.
                    (C) Submittal.--The Secretary shall submit such 
                assessments to the Committees on Veterans' Affairs of 
                the House of Representatives and the Senate with the 
                recommendations of the Secretary under this subsection 
                and make the assessments publicly available.
            (4) Summary of selection process.--The Secretary shall 
        include, with the list of recommendations published and 
        transmitted pursuant to paragraph (1), a summary of the 
        selection process that resulted in the recommendation for each 
        facility of the Veterans Health Administration, including a 
        justification for each recommendation. The Secretary shall 
        transmit the matters referred to in the preceding sentence not 
        later than 7 days after the date of the transmittal to the 
        Committees on Veterans' Affairs of the Senate and the House of 
        Representatives and the Commission of the report referred to in 
        paragraph (1).
            (5) Treatment of facilities.--In assessing facilities of 
        the Veterans Health Administration, the Secretary shall 
        consider all such facilities equally without regard to whether 
        the facility has been previously considered or proposed for 
        reuse, closure, modernization, or realignment by the Department 
        of Veterans Affairs.
            (6) Availability of information to congress.--In addition 
        to making all information used by the Secretary to prepare the 
        recommendations under this subsection available to Congress 
        (including any committee or Member of Congress), the Secretary 
        shall also make such information available to the Commission 
        and the Comptroller General of the United States.
            (7) Certification of accuracy.--
                    (A) In general.--Each person referred to in 
                subparagraph (B), when submitting information to the 
                Secretary or the Commission concerning the 
                modernization or realignment of a facility of the 
                Veterans Health Administration, shall certify that such 
                information is accurate and complete to the best of 
                that person's knowledge and belief.
                    (B) Covered persons.--Subparagraph (A) applies to 
                the following persons:
                            (i) Each Under Secretary of the Department 
                        of Veterans Affairs.
                            (ii) Each director of a Veterans Integrated 
                        Service Network.
                            (iii) Each director of a medical center of 
                        the Department of Veterans Affairs.
                            (iv) Each director of a program office of 
                        the Department of Veterans Affairs.
                            (v) Each person who is in a position the 
                        duties of which include personal and 
                        substantial involvement in the preparation and 
                        submission of information and recommendations 
                        concerning the modernization or realignment of 
                        facilities of the Veterans Health 
                        Administration.
    (c) Review and Recommendations by the Commission.--
            (1) Public hearings.--
                    (A) In general.--After receiving the 
                recommendations from the Secretary pursuant to 
                subsection (b), the Commission shall conduct public 
                hearings on the recommendations.
                    (B) Locations.--The Commission shall conduct public 
                hearings in regions affected by a recommendation of the 
                Secretary to close a facility of the Veterans Health 
                Administration. To the greatest extent practicable, the 
                Commission shall conduct public hearings in regions 
                affected by a recommendation of the Secretary to 
                modernize or realign such a facility.
                    (C) Required witnesses.--Witnesses at each public 
                hearing shall include at a minimum--
                            (i) a veteran--
                                    (I) enrolled under section 1705 of 
                                title 38, United States Code; and
                                    (II) identified by a local veterans 
                                service organization; and
                            (ii) a local elected official.
            (2) Transmittal to president.--
                    (A) In general.--The Commission shall, not later 
                than January 31, 2023, transmit to the President a 
                report containing the Commission's findings and 
                conclusions based on a review and analysis of the 
                recommendations made by the Secretary, together with 
                the Commission's recommendations, for modernizations 
                and realignments of facilities of the Veterans Health 
                Administration.
                    (B) Authority to make changes to recommendations.--
                Subject to subparagraph (C), in making its 
                recommendations, the Commission may change any 
                recommendation made by the Secretary if the 
                Commission--
                            (i) determines that the Secretary deviated 
                        substantially from the final criteria referred 
                        to in subsection (a)(2) in making such 
                        recommendation;
                            (ii) determines that the change is 
                        consistent with the final criteria referred to 
                        in subsection (a)(2);
                            (iii) publishes a notice of the proposed 
                        change in the Federal Register not less than 45 
                        days before transmitting its recommendations to 
                        the President pursuant to subparagraph (A); and
                            (iv) conducts public hearings on the 
                        proposed change.
            (3) Justification for changes.--The Commission shall 
        explain and justify in its report submitted to the President 
        pursuant to paragraph (2) any recommendation made by the 
        Commission that is different from the recommendations made by 
        the Secretary pursuant to subsection (b). The Commission shall 
        transmit a copy of such report to the Committees on Veterans' 
        Affairs of the Senate and the House of Representatives on the 
        same date on which it transmits its recommendations to the 
        President under paragraph (2).
            (4) Provision of information to congress.--After January 
        31, 2023, the Commission shall promptly provide, upon request, 
        to any Member of Congress information used by the Commission in 
        making its recommendations.
    (d) Review by the President.--
            (1) Report.--The President shall, not later than February 
        15, 2023, transmit to the Commission and to the Congress a 
        report containing the President's approval or disapproval of 
        the Commission's recommendations.
            (2) Presidential approval.--If the President approves all 
        the recommendations of the Commission, the President shall 
        transmit a copy of such recommendations to the Congress, 
        together with a certification of such approval.
            (3) Presidential disapproval.--If the President disapproves 
        the recommendations of the Commission, in whole or in part, the 
        President shall transmit to the Commission and the Congress, 
        not later than March 1, 2023, the reasons for that disapproval. 
        The Commission shall then transmit to the President, not later 
        than March 15, 2023, a revised list of recommendations for 
        closures, modernizations, and realignments of facilities of the 
        Veterans Health Administration.
            (4) Transmittal of recommendations to congress.--If the 
        President approves all of the revised recommendations of the 
        Commission transmitted to the President under paragraph (3), 
        the President shall transmit a copy of such revised 
        recommendations to the Congress, together with a certification 
        of such approval.
            (5) Failure to transmit.--If the President does not 
        transmit to the Congress an approval and certification 
        described in paragraph (2) or (4) by March 30, 2023, the 
        process by which facilities of the Veterans Health 
        Administration may be selected for modernization or realignment 
        under this title shall be terminated.

SEC. 104. ACTIONS REGARDING INFRASTRUCTURE AND FACILITIES OF THE 
              VETERANS HEALTH ADMINISTRATION.

    (a) In General.--Subject to subsection (b), the Secretary shall 
begin to implement the recommended modernizations and realignments in 
the report under section 103(d) not later than three years after the 
date on which the President transmits such report to Congress. Such 
implementation includes the planning of modernizations and realignments 
of facilities of the Veterans Health Administration as recommended in 
such report.
    (b) Congressional Disapproval.--
            (1) In general.--The Secretary may not carry out any 
        modernization or realignment recommended by the Commission in a 
        report transmitted from the President pursuant to section 
        103(d) if a joint resolution is enacted, in accordance with the 
        provisions of section 107, disapproving such recommendations of 
        the Commission before the earlier of--
                    (A) the end of the 45-day period beginning on the 
                date on which the President transmits such report; or
                    (B) the adjournment of Congress sine die for the 
                session during which such report is transmitted.
            (2) Computation of period.--For purposes of paragraph (1) 
        and subsections (a) and (c) of section 107, the days on which 
        either House of Congress is not in session because of an 
        adjournment of more than three days to a day certain shall be 
        excluded in the computation of a period.
    (c) Specific Authorization.--Any obligation or expenditure of funds 
for any major medical facility project or any major medical facility 
lease under subsection (a) shall be treated as if specifically 
authorized by law for purposes of section 8104 of title 38, United 
States Code, as amended by sections 201 and 202 of this Act.

SEC. 105. IMPLEMENTATION.

    (a) In General.--
            (1) Modernizing and realigning facilities.--In modernizing 
        or realigning any facility of the Veterans Health 
        Administration under this title, the Secretary may--
                    (A) take such actions as may be necessary to 
                modernize or realign any such facility, including the 
                alteration of such facilities, the acquisition of such 
                land, the leasing or construction of such replacement 
                facilities, the disposition of such land or facilities, 
                the performance of such activities, and the conduct of 
                such advance planning and design as may be required to 
                transfer functions from a facility of the Veterans 
                Health Administration to another such facility, and may 
                use for such purpose funds in the Account or funds 
                appropriated to the Department of Veterans Affairs for 
                such purposes;
                    (B) carry out activities for the purposes of 
                environmental mitigation, abatement, or restoration at 
                any such facility, and shall use for such purposes 
                funds in the Account;
                    (C) provide outplacement assistance to employees 
                employed by the Department of Veterans Affairs at 
                facilities of the Veterans Health Administration being 
                closed or realigned, and may use for such purpose funds 
                in the Account or funds appropriated to the Department 
                of Veterans Affairs for outplacement assistance to 
                employees;
                    (D) reimburse other Federal agencies for actions 
                performed at the request of the Secretary with respect 
                to any such closure or realignment, and may use for 
                such purpose funds in the Account or funds appropriated 
                to the Department of Veterans Affairs and available for 
                such purpose; and
                    (E) exercise the authority of the Secretary under 
                subchapter V of chapter 81 of title 38, United States 
                Code.
            (2) Environmental restoration; historic preservation.--In 
        carrying out any closure or realignment under this title, the 
        Secretary, with regards to any property made excess to the 
        needs of the Department of Veterans Affairs as a result of such 
        closure or realignment, shall carry out, as soon as possible 
        with funds available for such purpose, any of the following for 
        which the Secretary is responsible:
                    (A) Environmental mitigation.
                    (B) Environmental abatement.
                    (C) Environmental restoration.
                    (D) Compliance with historic preservation 
                requirements.
    (b) Management and Disposal of Property.--
            (1) Existing disposal authorities.--To transfer or dispose 
        of surplus real property or infrastructure located at any 
        facility of the Veterans Health Administration that is 
        modernized or realigned under this Act, the Secretary may 
        exercise the authorities of the Secretary under subchapters I 
        and II of chapter 81 of title 38, United States Code, or the 
        authorities delegated to the Secretary by the Administrator of 
        General Services under subchapter III of chapter 5 of title 40, 
        United States Code.
            (2) Effects on local communities.--
                    (A) Consultation with state and local government.--
                Before any action may be taken with respect to the 
                disposal of any surplus real property or infrastructure 
                located at any facility of the Veterans Health 
                Administration to be closed or realigned under this 
                title, the Secretary of Veterans Affairs shall consult 
                with the Governor of the State and the heads of the 
                local governments concerned for the purpose of 
                considering any plan for the use of such property by 
                the local community concerned.
                    (B) Treatment of roads.--If infrastructure or a 
                facility of the Veterans Health Administration to be 
                closed or realigned under this title includes a road 
                used for public access through, into, or around the 
                facility, the Secretary--
                            (i) shall consult with the Government of 
                        the State and the heads of the local 
                        governments concerned for the purpose of 
                        considering the continued availability of the 
                        road for public use after the recommended 
                        action is complete; and
                            (ii) may exercise the authority of the 
                        Secretary under section 8108 of title 38, 
                        United States Code.
            (3) Leases; cercla.--
                    (A) Lease authority.--
                            (i) Transfer to redevelopment authority for 
                        lease.--The Secretary may transfer title to a 
                        facility of the Veterans Health Administration 
                        approved for closure or realignment under this 
                        title (including property at a facility of the 
                        Veterans Health Administration approved for 
                        realignment which will be retained by the 
                        Department of Veterans Affairs or another 
                        Federal agency after realignment) to the 
                        redevelopment authority for the facility if the 
                        redevelopment authority agrees to lease, 
                        directly upon transfer, one or more portions of 
                        the property transferred under this 
                        subparagraph to the Secretary or to the head of 
                        another department or agency of the Federal 
                        Government.
                            (ii) Term of lease.--A lease under clause 
                        (i) shall be for a term of not to exceed 50 
                        years, but may provide for options for renewal 
                        or extension of the term by the department or 
                        agency concerned.
                            (iii) Limitation.--A lease under clause (i) 
                        may not require rental payments by the United 
                        States.
                            (iv) Treatment of remaindered lease 
                        terms.--A lease under clause (i) shall include 
                        a provision specifying that if the department 
                        or agency concerned ceases requiring the use of 
                        the leased property before the expiration of 
                        the term of the lease, the remainder of the 
                        lease term may be satisfied by the same or 
                        another department or agency of the Federal 
                        Government using the property for a use similar 
                        to the use under the lease. Exercise of the 
                        authority provided by this clause shall be made 
                        in consultation with the redevelopment 
                        authority concerned.
                            (v) Facility services.--Notwithstanding 
                        clause (iii), if a lease under clause (i) 
                        involves a substantial portion of the facility, 
                        the department or agency concerned may obtain 
                        facility services for the leased property and 
                        common area maintenance from the redevelopment 
                        authority or the redevelopment authority's 
                        assignee as a provision of the lease. The 
                        facility services and common area maintenance 
                        shall be provided at a rate no higher than the 
                        rate charged to non-Federal tenants of the 
                        transferred property. Facility services and 
                        common area maintenance covered by the lease 
                        shall not include--
                                    (I) municipal services that a State 
                                or local government is required by law 
                                to provide to all landowners in its 
                                jurisdiction without direct charge; or
                                    (II) firefighting or security-guard 
                                functions.
                    (B) Application of cercla.--The provisions of 
                section 120(h) of the Comprehensive Environmental 
                Response, Compensation, and Liability Act of 1980 (42 
                U.S.C. 9620(h)) shall apply to any transfer of real 
                property under this paragraph.
                    (C) Additional terms and conditions.--The Secretary 
                may require any additional terms and conditions in 
                connection with a transfer under this paragraph as such 
                Secretary considers appropriate to protect the 
                interests of the United States.
            (4) Application of mckinney-vento homeless assistance 
        act.--Nothing in this title shall limit or otherwise affect the 
        application of the provisions of the McKinney-Vento Homeless 
        Assistance Act (42 U.S.C. 11301 et seq.) to facilities of the 
        Veterans Health Administration closed under this title.
    (c) Applicability of National Environmental Policy Act of 1969.--
            (1) In general.--The provisions of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall 
        not apply to the actions of the President, the Commission, and, 
        except as provided in paragraph (2), the Department of Veterans 
        Affairs in carrying out this title.
            (2) Department of veterans affairs.--
                    (A) Covered activities.--The provisions of the 
                National Environmental Policy Act of 1969 shall apply 
                to actions of the Department of Veterans Affairs under 
                this title--
                            (i) during the process of property 
                        disposal; and
                            (ii) during the process of relocating 
                        functions from a facility of the Veterans 
                        Health Administration being closed or realigned 
                        to another facility after the receiving 
                        facility has been selected but before the 
                        functions are relocated.
                    (B) Other activities.--In applying the provisions 
                of the National Environmental Policy Act of 1969 to the 
                processes referred to in subparagraph (A), the 
                Secretary shall not have to consider--
                            (i) the need for closing or realigning the 
                        facility of the Veterans Health Administration 
                        as recommended by the Commission;
                            (ii) the need for transferring functions to 
                        any facility of the Veterans Health 
                        Administration which has been selected as the 
                        receiving facility; or
                            (iii) facilities of the Veterans Health 
                        Administration alternative to those recommended 
                        or selected.
    (d) Waiver.--
            (1) Restrictions on use of funds.--The Secretary may close 
        or realign facilities of the Veterans Health Administration 
        under this title without regard to any provision of law 
        restricting the use of funds for closing or realigning 
        facilities of the Veterans Health Administration included in 
        any appropriation or authorization Act.
            (2) Restrictions on authorities.--The Secretary may close 
        or realign facilities of the Veterans Health Administration 
        under this title without regard to the restrictions of section 
        8110 of title 38, United States Code.
    (e) Transfer Authority in Connection With Payment of Environmental 
Remediation Costs.--
            (1) In general.--
                    (A) Transfer by deed.--Subject to paragraph (2) of 
                this subsection and section 120(h) of the Comprehensive 
                Environmental Response, Compensation, and Liability Act 
                of 1980 (42 U.S.C. 9620(h)), the Secretary may enter 
                into an agreement to transfer by deed a facility of the 
                Veterans Health Administration with any person who 
                agrees to perform all environmental restoration, waste 
                management, and environmental compliance activities 
                that are required for the property or facilities under 
                Federal and State laws, administrative decisions, 
                agreements (including schedules and milestones), and 
                concurrences.
                    (B) Additional terms or conditions.--The Secretary 
                may require any additional terms and conditions in 
                connection with an agreement authorized by subparagraph 
                (A) as the Secretary considers appropriate to protect 
                the interests of the United States.
            (2) Limitation.--A transfer of a facility of the Veterans 
        Health Administration may be made under paragraph (1) only if 
        the Secretary certifies to Congress that--
                    (A) the costs of all environmental restoration, 
                waste management, and environmental compliance 
                activities otherwise to be paid by the Secretary with 
                respect to the facility of the Veterans Health 
                Administration are equal to or greater than the fair 
                market value of the property or facilities to be 
                transferred, as determined by the Secretary; or
                    (B) if such costs are lower than the fair market 
                value of the facility of the Veterans Health 
                Administration, the recipient of such transfer agrees 
                to pay the difference between the fair market value and 
                such costs.
            (3) Payment by the secretary for certain transfers.--In the 
        case of a facility of the Veterans Health Administration 
        covered by a certification under paragraph (2)(A), the 
        Secretary may pay the recipient of such facility an amount 
        equal to the lesser of--
                    (A) the amount by which the costs incurred by the 
                recipient of the facility of the Veterans Health 
                Administration for all environmental restoration, 
                waste, management, and environmental compliance 
                activities with respect to such facility exceed the 
                fair market value of such property as specified in such 
                certification; or
                    (B) the amount by which the costs (as determined by 
                the Secretary) that would otherwise have been incurred 
                by the Secretary for such restoration, management, and 
                activities with respect to such facility of the 
                Veterans Health Administration exceed the fair market 
                value of property as so specified.
            (4) Disclosure.--As part of an agreement under paragraph 
        (1), the Secretary shall disclose to the person to whom the 
        facility of the Veterans Health Administration will be 
        transferred any information of the Secretary regarding the 
        environmental restoration, waste management, and environmental 
        compliance activities described in paragraph (1) that relate to 
        the facility of the Veterans Health Administration. The 
        Secretary shall provide such information before entering into 
        the agreement.
            (5) Applicability of certain environmental laws.--Nothing 
        in this subsection shall be construed to modify, alter, or 
        amend the Comprehensive Environmental Response, Compensation, 
        and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or the Solid 
        Waste Disposal Act (42 U.S.C. 6901 et seq.).

SEC. 106. DEPARTMENT OF VETERANS AFFAIRS ASSET AND INFRASTRUCTURE 
              REVIEW ACCOUNT.

    (a) Establishment.--There is hereby established in the ledgers of 
the Treasury an account to be known as the ``Department of Veterans 
Affairs Asset and Infrastructure Review Account'' which shall be 
administered by the Secretary as a single account.
    (b) Credits to Account.--There shall be credited to the Account the 
following:
            (1) Funds authorized for and appropriated to the Account.
            (2) Proceeds received from the lease, transfer, or disposal 
        of any property at a facility of the Veterans Health 
        Administration closed or realigned under this title.
    (c) Use of Account.--The Secretary may use the funds in the Account 
only for the following purposes:
            (1) To carry out this title.
            (2) To cover property management and disposal costs 
        incurred at facilities of the Veterans Health Administration 
        closed, modernized, or realigned under this title.
            (3) To cover costs associated with supervision, inspection, 
        overhead, engineering, and design of construction projects 
        undertaken under this title, and subsequent claims, if any, 
        related to such activities.
            (4) Other purposes that the Secretary determines support 
        the mission and operations of the Department of Veterans 
        Affairs.
    (d) Consolidated Budget Justification Display for Account.--
            (1) Consolidated budget information required.--The 
        Secretary shall establish a consolidated budget justification 
        display in support of the Account that for each fiscal year--
                    (A) details the amount and nature of credits to, 
                and expenditures from, the Account during the preceding 
                fiscal year;
                    (B) separately details the environmental 
                remediation costs associated with facility of the 
                Veterans Health Administration for which a budget 
                request is made;
                    (C) specifies the transfers into the Account and 
                the purposes for which these transferred funds will be 
                further obligated, to include caretaker and environment 
                remediation costs associated with each facility of the 
                Veterans Health Administration; and
                    (D) details any intra-budget activity transfers 
                within the Account that exceeded $1,000,000 during the 
                preceding fiscal year or that are proposed for the next 
                fiscal year and will exceed $1,000,000.
            (2) Submission.--The Secretary shall include the 
        information required by paragraph (1) in the materials that the 
        Secretary submits to Congress in support of the budget for a 
        fiscal year submitted by the President pursuant to section 1105 
        of title 31, United States Code.
    (e) Closure of Account; Treatment of Remaining Funds.--
            (1) Closure.--The Account shall be closed at the time and 
        in the manner provided for appropriation accounts under section 
        1555 of title 31, United States Code, except that unobligated 
        funds which remain in the Account upon closure shall be held by 
        the Secretary of the Treasury until transferred to the 
        Secretary of Veterans Affairs by law after the Committees on 
        Veterans' Affairs of the Senate and the House of 
        Representatives receive the final report transmitted under 
        paragraph (2).
            (2) Final report.--No later than 60 days after the closure 
        of the Account under paragraph (1), the Secretary shall 
        transmit to the Committees on Veterans' Affairs of the Senate 
        and the House of Representatives and the Committees on 
        Appropriations of the House of Representatives and the Senate a 
        report containing an accounting of--
                    (A) all the funds credited to and expended from the 
                Account or otherwise expended under this title; and
                    (B) any funds remaining in the Account.

SEC. 107. CONGRESSIONAL CONSIDERATION OF COMMISSION REPORT.

    (a) Disapproval Resolution.--For purposes of section 104(b), the 
term ``joint resolution'' means only a joint resolution which is 
introduced within the 5-day period beginning on the date on which the 
President transmits the report to the Congress under section 103(d), 
and--
            (1) which does not have a preamble;
            (2) the matter after the resolving clause of which is as 
        follows: ``that Congress disapproves the recommendations of the 
        VHA Asset and Infrastructure Review Commission as submitted by 
        the President on ___'', the blank space being filled with the 
        appropriate date; and
            (3) the title of which is as follows: ``Joint resolution 
        disapproving the recommendations of the VHA Asset and 
        Infrastructure Review Commission.''.
    (b) Consideration in the House of Representatives.--
            (1) Reporting and discharge.--Any committee of the House of 
        Representatives to which a joint resolution is referred shall 
        report it to the House without amendment not later than 15 
        legislative days after the date of introduction thereof. If a 
        committee fails to report the joint resolution within that 
        period, the committee shall be discharged from further 
        consideration of the joint resolution.
            (2) Proceeding to consideration.--It shall be in order at 
        any time after the third legislative day after each committee 
        authorized to consider a joint resolution has reported or has 
        been discharged from consideration of a joint resolution, to 
        move to proceed to consider the joint resolution in the House. 
        All points of order against the motion are waived. Such a 
        motion shall not be in order after the House has disposed of a 
        motion to proceed on a joint resolution addressing a particular 
        submission. The previous question shall be considered as 
        ordered on the motion to its adoption without intervening 
        motion. The motion shall not be debatable. A motion to 
        reconsider the vote by which the motion is disposed of shall 
        not be in order.
            (3) Consideration.--The joint resolution shall be 
        considered as read. All points of order against the joint 
        resolution and against its consideration are waived. The 
        previous question shall be considered as ordered on the joint 
        resolution to its passage without intervening motion except two 
        hours of debate equally divided and controlled by the proponent 
        and an opponent. A motion to reconsider the vote on passage of 
        the joint resolution shall not be in order.
    (c) Consideration in the Senate.--
            (1) Referral.--A joint resolution introduced in the Senate 
        shall be referred to the Committee on Veterans' Affairs.
            (2) Reporting and discharge.--Any committee of the Senate 
        to which a joint resolution is referred shall report it to the 
        Senate without amendment not later than 15 session days after 
        the date of introduction of a joint resolution described in 
        subsection (a). If a committee fails to report the joint 
        resolution within that period, the committee shall be 
        discharged from further consideration of the joint resolution 
        and the joint resolution shall be placed on the calendar.
            (3) Floor consideration.--
                    (A) In general.--Notwithstanding Rule XXII of the 
                Standing Rules of the Senate, it is in order at any 
                time after the third session day on which the Committee 
                on Veterans' Affairs has reported or has been 
                discharged from consideration of a joint resolution 
                described in subsection (a) (even though a previous 
                motion to the same effect has been disagreed to) to 
                move to proceed to the consideration of the joint 
                resolution, and all points of order against the joint 
                resolution (and against consideration of the joint 
                resolution) are waived. The motion to proceed is not 
                debatable. The motion is not subject to a motion to 
                postpone. A motion to reconsider the vote by which the 
                motion is agreed to or disagreed to shall not be in 
                order. If a motion to proceed to the consideration of 
                the resolution is agreed to, the joint resolution shall 
                remain the unfinished business until disposed of.
                    (B) Consideration.--Consideration of the joint 
                resolution, and on all debatable motions and appeals in 
                connection therewith, shall be limited to not more than 
                2 hours, which shall be divided equally between the 
                majority and minority leaders or their designees. A 
                motion further to limit debate is in order and not 
                debatable. An amendment to, or a motion to postpone, or 
                a motion to proceed to the consideration of other 
                business, or a motion to recommit the joint resolution 
                is not in order.
                    (C) Vote on passage.--If the Senate has voted to 
                proceed to a joint resolution, the vote on passage of 
                the joint resolution shall occur immediately following 
                the conclusion of consideration of the joint 
                resolution, and a single quorum call at the conclusion 
                of the debate if requested in accordance with the rules 
                of the Senate.
                    (D) Rulings of the chair on procedure.--Appeals 
                from the decisions of the Chair relating to the 
                application of the rules of the Senate, as the case may 
                be, to the procedure relating to a joint resolution 
                shall be decided without debate.
    (d) Amendment Not in Order.--A joint resolution of disapproval 
considered pursuant to this section shall not be subject to amendment 
in either the House of Representatives or the Senate.
    (e) Coordination With Action by Other House.--
            (1) In general.--If, before passing the joint resolution, 
        one House receives from the other a joint resolution--
                    (A) the joint resolution of the other House shall 
                not be referred to a committee; and
                    (B) the procedure in the receiving House shall be 
                the same as if no joint resolution had been received 
                from the other House until the vote on passage, when 
                the joint resolution received from the other House 
                shall supplant the joint resolution of the receiving 
                House.
            (2) Treatment of joint resolution of other house.--If the 
        Senate fails to introduce or consider a joint resolution under 
        this section, the joint resolution of the House shall be 
        entitled to expedited floor procedures under this section.
            (3) Treatment of companion measures.--If, following passage 
        of the joint resolution in the Senate, the Senate then receives 
        the companion measure from the House of Representatives, the 
        companion measure shall not be debatable.
    (f) Rules of the House of Representatives and Senate.--This section 
is enacted by Congress--
            (1) as an exercise of the rulemaking power of the Senate 
        and House of Representatives, respectively, and as such it is 
        deemed a part of the rules of each House, respectively, but 
        applicable only with respect to the procedure to be followed in 
        that House in the case of a joint resolution, and it supersedes 
        other rules only to the extent that it is inconsistent with 
        such rules; and
            (2) with full recognition of the constitutional right of 
        either House to change the rules (so far as relating to the 
        procedure of that House) at any time, in the same manner, and 
        to the same extent as in the case of any other rule of that 
        House.

SEC. 108. OTHER MATTERS.

    (a) Online Publication of Communications.--
            (1) In general.--Not later than 24 hours after the 
        transmission or receipt of any communication under this title 
        that is transmitted or received by a party specified in 
        paragraph (2), the Secretary of Veterans Affairs shall publish 
        such communication online.
            (2) Parties specified.--The parties specified under this 
        paragraph are the following:
                    (A) The Secretary of Veterans Affairs.
                    (B) The Commission.
                    (C) The President.
    (b) Continuation of Existing Construction Projects and Planning.--
During activities that the Commission, President, or Congress carry out 
under this title, the Secretary of Veterans Affairs may not stop, 
solely because of such activities--
            (1) a construction or leasing project of the Veterans 
        Health Administration;
            (2) long term planning regarding infrastructure and assets 
        of the Veterans Health Administration; or
            (3) budgetary processes for the Veterans Health 
        Administration.
    (c) Recommendations for Future Asset Reviews.--The Secretary of 
Veterans Affairs may, after consulting with veterans service 
organizations, include in budget submissions the Secretary submits 
after the termination of the Commission recommendations for future such 
commissions or other capital asset realignment and management 
processes.

SEC. 109. DEFINITIONS.

    In this title:
            (1) The term ``Account'' means the Department of Veterans 
        Affairs Asset and Infrastructure Review Account established by 
        section 106(a).
            (2) The term ``Commission'' means the Commission 
        established by section 102.
            (3) The term ``date of approval'', with respect to a 
        modernization or realignment of a facility of the Veterans 
        Health Administration, means the date on which the authority of 
        Congress to disapprove a recommendation of modernization or 
        realignment, as the case may be, of such facility under this 
        title expires.
            (4) The term ``facility of the Veterans Health 
        Administration''--
                    (A) means any land, building, structure, or 
                infrastructure (including any medical center, nursing 
                home, domiciliary facility, outpatient clinic, center 
                that provides readjustment counseling, or leased 
                facility) that is--
                            (i) under the jurisdiction of the 
                        Department of Veterans Affairs;
                            (ii) under the control of the Veterans 
                        Health Administration; and
                            (iii) not under the control of the General 
                        Services Administration; or
                    (B) with respect to a colocated facility of the 
                Department of Veterans Affairs, includes any land, 
                building, or structure--
                            (i) under the jurisdiction of the 
                        Department of Veterans Affairs;
                            (ii) under the control of another 
                        administration of the Department of Veterans 
                        Affairs; and
                            (iii) not under the control of the General 
                        Services Administration.
            (5) The term ``infrastructure'' means improvements to land 
        other than buildings or structures.
            (6) The term ``modernization'' includes--
                    (A) any action, including closure, required to 
                align the form and function of a facility of the 
                Veterans Health Administration to the provision of 
                modern day health care, including utilities and 
                environmental control systems;
                    (B) the construction, purchase, lease, or sharing 
                of a facility of the Veterans Health Administration; 
                and
                    (C) realignments, disposals, exchanges, 
                collaborations between the Department of Veterans 
                Affairs and other Federal entities, and strategic 
                collaborations between the Department and non-Federal 
                entities, including tribal organizations.
            (7) The term ``realignment'', with respect to a facility of 
        the Veterans Health Administration, includes--
                    (A) any action that changes the numbers of or 
                relocates services, functions, and personnel positions;
                    (B) disposals or exchanges between the Department 
                of Veterans Affairs and other Federal entities, 
                including the Department of Defense; and
                    (C) strategic collaborations between the Department 
                of Veterans Affairs and non-Federal entities, including 
                tribal organizations.
            (8) The term ``redevelopment authority'', in the case of a 
        facility of the Veterans Health Administration closed or 
        modernized under this title, means any entity (including an 
        entity established by a State or local government) recognized 
        by the Secretary of Veterans Affairs as the entity responsible 
        for developing the redevelopment plan with respect to the 
        facility or for directing the implementation of such plan.
            (9) The term ``redevelopment plan'' in the case of a 
        facility of the Veterans Health Administration to be closed or 
        realigned under this title, means a plan that--
                    (A) is agreed to by the local redevelopment 
                authority with respect to the facility; and
                    (B) provides for the reuse or redevelopment of the 
                real property and personal property of the facility 
                that is available for such reuse and redevelopment as a 
                result of the closure or realignment of the facility.
            (10) The term ``Secretary'' means the Secretary of Veterans 
        Affairs.
            (11) The term ``tribal organization'' has the meaning given 
        such term in section 3765 of title 38, United States Code.

      TITLE II--IMPROVEMENTS TO CONSTRUCTION MANAGEMENT AND LEASES

SEC. 201. MODIFICATION OF THRESHOLDS FOR MAJOR MEDICAL FACILITY 
              PROJECTS AND MAJOR MEDICAL FACILITY LEASES.

    (a) Definitions.--Paragraph (3) of section 8104(a) of title 38, 
United States Code, is amended to read as follows:
    ``(3) In this subsection:
            ``(A)(i) The term `major medical facility project' means--
                    ``(I) a project for the construction, alteration, 
                or acquisition of a medical facility involving a total 
                expenditure of more than $20,000,000; or
                    ``(II) the construction, alteration, or acquisition 
                of a shared medical facility (as defined in section 
                8111B(d) of this title) for which the estimated share 
                of the Department of Veterans Affairs for the costs of 
                such construction, alteration, or acquisition exceeds 
                $20,000,000.
            ``(ii) Such term does not include--
                    ``(I) an acquisition by exchange;
                    ``(II) nonrecurring maintenance projects of the 
                Department; or
                    ``(III) the construction, alteration, or 
                acquisition of a shared medical facility for which the 
                estimated share of the Department of Veterans Affairs 
                for the costs of such construction, alteration, or 
                acquisition does not exceed $20,000,000.
            ``(B) The term `major medical facility lease' means--
                    ``(i) a lease for space for use as a new medical 
                facility at an average annual rent that is equal to or 
                exceeds the amount specified in subsection (a)(2) of 
                section 3307 of title 40; or
                    ``(ii) a lease for space for use as a shared 
                medical facility (as defined in section 8111B(d) of 
                this title) for which the estimated share of the 
                Department of Veterans Affairs for the costs of such 
                lease is equal to or exceeds the amount specified in 
                subsection (a)(2) of section 3307 of title 40.''.
    (b) Application.--The amendment made by subsection (a) shall apply 
with respect to major medical facility projects and major medical 
facility leases authorized by law on or after the date of the enactment 
of this Act.

SEC. 202. SUBMISSION OF PROSPECTUSES OF PROPOSED MINOR MEDICAL FACILITY 
              PROJECTS.

    Section 8104(b) of title 38, United States Code, is amended, in the 
matter preceding paragraph (1), by striking ``a major medical facility 
project (as defined in subsection (a)(3)(A))'' and inserting the 
following: ``a major medical facility project (as defined in subsection 
(a)(3)(A)), a medical facility project that would be a major medical 
facility project but for the total expenditure (or, with respect to a 
shared medical facility, the estimated share of the Department of 
Veterans Affairs) being an amount that is more than $10,000,000 and 
less than $20,000,000,''.

SEC. 203. IMPROVEMENT TO TRAINING OF CONSTRUCTION PERSONNEL.

    Subsection (g) of section 8103 of title 38, United States Code, is 
amended to read as follows:
    ``(g)(1)(A) Not later than September 30 of the fiscal year 
following the fiscal year during which this subsection is enacted, the 
Secretary shall implement the covered training curriculum and the 
covered certification program.
    ``(B) In designing and implementing the covered training curriculum 
and the covered certification program under paragraph (1), the 
Secretary shall use as models existing training curricula and 
certification programs that have been established under chapter 87 of 
title 10, United States Code, as determined relevant by the Secretary.
    ``(2) The Secretary may develop the training curriculum under 
paragraph (1)(A) in a manner that provides such training in any 
combination of--
            ``(A) training provided in person;
            ``(B) training provided over an internet website; or
            ``(C) training provided by another department or agency of 
        the Federal Government.
    ``(3) The Secretary may develop the certification program under 
paragraph (1)(A) in a manner that uses--
            ``(A) one level of certification; or
            ``(B) more than one level of certification, as determined 
        appropriate by the Secretary with respect to the level of 
        certification for different grades of the General Schedule.
    ``(4) The Secretary may enter into a contract with an appropriate 
entity to provide the covered training curriculum and the covered 
certification program under paragraph (1)(A).
    ``(5)(A) Not later than September 30 of the second fiscal year 
following the fiscal year during which this Act is enacted, the 
Secretary shall ensure that the majority of employees subject to the 
covered certification program achieve the certification or the 
appropriate level of certification pursuant to paragraph (3), as the 
case may be.
    ``(B) After carrying out subparagraph (A), the Secretary shall 
ensure that each employee subject to the covered certification program 
achieves the certification or the appropriate level of certification 
pursuant to paragraph (3), as the case may be, as quickly as 
practicable.
    ``(6) In this subsection:
            ``(A) The term `covered certification program' means, with 
        respect to employees of the Department of Veterans Affairs who 
        are members of occupational series relating to construction or 
        facilities management, or employees of the Department who award 
        or administer contracts for major construction, minor 
        construction, or nonrecurring maintenance, including as 
        contract specialists or contracting officers' representatives, 
        a program to certify knowledge and skills relating to 
        construction or facilities management and to ensure that such 
        employees maintain adequate expertise relating to industry 
        standards and best practices for the acquisition of design and 
        construction services.
            ``(B) The term `covered training curriculum' means, with 
        respect to employees specified in subparagraph (A), a training 
        curriculum relating to construction or facilities 
        management.''.

SEC. 204. AUTHORITY TO PLAN, DESIGN, CONSTRUCT, OR LEASE SHARED MEDICAL 
              FACILITIES.

    (a) Authority.--
            (1) In general.--Chapter 81 of title 38, United States 
        Code, is amended by inserting after section 8111A the following 
        new section:
``Sec. 8111B. Authority to plan, design, construct or lease a medical 
              facility shared with other departments or agencies
    ``(a) Authority.--Subject to sections 8103 and 8104 of this title, 
the Secretary of Veterans Affairs may enter into agreements with the 
heads of other departments or agencies of the Federal Government for 
the planning, designing, constructing, or leasing of medical facilities 
to be shared by the Department of Veterans Affairs and that department 
or agency to improve the access to, and quality and cost effectiveness 
of, the health care provided by the Veterans Health Administration and 
that department or agency.
    ``(b) Transfers of Amounts From Department of Veterans Affairs.--
(1) With respect to a shared medical facility construction project for 
which the estimated costs to the Department of Veterans Affairs do not 
exceed the amount specified in section 8104(a)(3)(A) of this title, the 
Secretary of Veterans Affairs may transfer to the partner agency 
amounts appropriated in the Construction, Minor Projects account of the 
Department for use for the planning, design, or construction of the 
shared medical facility.
    ``(2) With respect to a shared medical facility construction 
project for which the estimated costs to the Department of Veterans 
Affairs exceed the amount specified in section 8104(a)(3)(A) of this 
title, the Secretary of Veterans Affairs may transfer to the partner 
agency amounts appropriated in the Construction, Major Projects account 
of the Department for use for the planning, design, or construction of 
the shared medical facility.
    ``(3) With respect to a shared medical facility lease project for 
which the estimated costs of the lease to the Department of Veterans 
Affairs do not exceed the amount specified in section 8104(a)(3)(B) of 
this title, the Secretary of Veterans Affairs may transfer to the 
partner agency amounts appropriated in the applicable medical 
appropriation account of the Department for such lease.
    ``(c) Transfers of Amounts to Department of Veterans Affairs.--(1) 
With respect to a shared medical facility construction project for 
which the estimated costs to the Department of Veterans Affairs do not 
exceed the amount specified in section 8104(a)(3)(A) of this title, any 
amounts transferred by the partner agency to the Secretary of Veterans 
Affairs may be deposited in the Construction, Minor Projects account of 
the Department for use for the planning, design, or construction of the 
shared medical facility. Amounts so deposited shall be merged with and 
available for the same purposes, and for the same period, as such 
account.
    ``(2) With respect to a shared medical facility construction 
project for which the estimated costs to the Department of Veterans 
Affairs exceed the amount specified in section 8104(a)(3)(A) of this 
title, any amounts transferred by the partner agency to the Secretary 
of Veterans Affairs may be deposited in the Construction, Major 
Projects account of the Department for use for the planning, design, or 
construction of the shared medical facility. Amounts so deposited shall 
be merged with and available for the same purposes, and for the same 
period, as such account.
    ``(3) With respect to a shared medical facility lease project, any 
amounts transferred by the partner agency to the Secretary of Veterans 
Affairs may be deposited in the applicable medical appropriation 
account of the Department for such lease. Amounts so deposited shall be 
available without fiscal year limitation.
    ``(d) Definitions.--In this section:
            ``(1) The term `partner agency' means a department or 
        agency of the Federal Government that has entered into an 
        agreement with the Secretary of Veterans Affairs under 
        subsection (a).
            ``(2) The term `shared medical facility' means a medical 
        facility shared by the Department of Veterans Affairs and a 
        partner agency pursuant to an agreement entered into under 
        subsection (a).
            ``(3) The term `shared medical facility construction 
        project' means the planning, designing, or constructing of a 
        shared medical facility pursuant to an agreement entered into 
        under subsection (a).
            ``(4) The term `shared medical facility lease project' 
        means the leasing of a shared medical facility pursuant to an 
        agreement entered into under subsection (a).''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after the 
        item relating to section 8111A the following new item:

``8111B. Authority to plan, design, construct, or lease a medical 
                            facility shared with other departments or 
                            agencies.''.
    (b) Definition of Medical Facility.--Paragraph (3) of section 8101 
of title 38, United States Code, is amended to read as follows:
    ``(3) The term `medical facility' means any facility or part 
thereof which is, or will be, under the jurisdiction of the Secretary, 
including with respect to a shared medical facility (as defined in 
section 8111B(d) of this title), for the provision of health-care 
services (including hospital, outpatient clinic, extended care 
services, nursing home, or domiciliary care or medical services), 
including any necessary building and auxiliary structure, garage, 
parking facility, mechanical equipment, trackage facilities leading 
thereto, abutting sidewalks, accommodations for attending personnel, 
and recreation facilities associated therewith.''.

SEC. 205. ENHANCED USE LEASE AUTHORITY.

    (a) In General.--Section 8162(a)(2) of title 38, United States 
Code, is amended--
            (1) by striking ``only''; and
            (2) by inserting ``, or if the lease will enhance the use 
        of the property,'' after ``housing''.
    (b) Application.--The amendments made by subsection (a) shall apply 
with respect to enhanced-use leases entered into on or after the date 
of the enactment of this Act.

                        TITLE III--OTHER MATTERS

SEC. 301. EXCEPTION ON LIMITATION ON AWARDS AND BONUSES FOR 
              RECRUITMENT, RELOCATION, AND RETENTION.

    Section 705(a) of the Veterans Access, Choice, and Accountability 
Act of 2014 (Public Law 113-146; 38 U.S.C. 703 note) is amended, in the 
matter preceding paragraph (1), by inserting ``other than recruitment, 
relocation, or retention incentives,'' after ``title 38, United States 
Code,''.

SEC. 302. APPROPRIATION OF AMOUNTS.

    (a) Veterans Choice Program.--There is authorized to be 
appropriated, and is appropriated, to the Secretary of Veterans 
Affairs, out of any funds in the Treasury not otherwise appropriated, 
$2,100,000,000 to be deposited in the Veterans Choice Fund under 
section 802 of the Veterans Access, Choice, and Accountability Act of 
2014 (Public Law 113-146; 38 U.S.C. 1701 note).
    (b) Minor Construction and Nonrecurring Maintenance.--
            (1) In general.--There is authorized to be appropriated, 
        and is appropriated, to the Secretary of Veterans Affairs, out 
        of any funds in the Treasury not otherwise appropriated, 
        $500,000,000 for ``Medical Facilities'' for minor construction 
        and nonrecurring maintenance projects, to be prioritized 
        according to their rankings in the strategic capital investment 
        planning process.
            (2) Notification.--Not later than 30 days before obligating 
        amounts appropriated under paragraph (1), the Secretary shall 
        notify the Committees on Veterans' Affairs of the House of 
        Representatives and the Senate and the Committees on 
        Appropriations of the House of Representatives and the Senate 
        of the medical facilities and specifics of the projects for 
        which such amounts shall be obligated.
    (c) Availability of Amounts.--The amounts appropriated under 
subsections (a) and (b)(1) shall be available for obligation or 
expenditure without fiscal year limitation.

SEC. 303. ASSESSMENT OF HEALTH CARE FURNISHED BY THE DEPARTMENT TO 
              VETERANS WHO LIVE IN THE TERRITORIES.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Veterans Affairs shall submit 
to the Committees on Veterans' Affairs of the Senate and the House of 
Representatives a report regarding health care furnished by the 
Department of Veterans Affairs to veterans who live in the territories.
    (b) Elements.--The report under subsection (a) shall include 
assessments of the following:
            (1) The ability of the Department to furnish to veterans 
        who live in the territories the following:
                    (A) Hospital care.
                    (B) Medical services.
                    (C) Mental health services.
                    (D) Geriatric services.
            (2) The feasibility of establishing a medical facility of 
        the Department in any territory that does not contain such a 
        facility.
    (c) Definition.--In this section, the term ``territories'' means 
Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern 
Mariana Islands.
                                                 Union Calendar No. 867

115th CONGRESS

  2d Session

                               H. R. 4243

                     [Report No. 115-1036, Part I]

_______________________________________________________________________

                                 A BILL

  To establish a commission for the purpose of making recommendations 
    regarding the modernization or realignment of facilities of the 
Veterans Health Administration, to improve construction and management 
leases of the Department of Veterans Affairs, to amend and appropriate 
     funds for the Veterans Choice Program, and for other purposes.

_______________________________________________________________________

                           December 28, 2018

  Committees on Rules and Appropriations discharged; committed to the 
 Committee of the Whole House on the State of the Union and ordered to 
                               be printed
```